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FILE #16-3814 <br />March 15, 2016 <br />Page 3 of 5 <br />1. The variance is in harmony with the general intent and purpose of the Ordinance. Single <br />family homes and the associated amenities are permitted uses in the LR-1B district. The <br />average setback variance if granted would appear to preserve lake views enjoyed by <br />adjacent homeowners. Hardcover will be reduced from its existing level. <br />2. The variance is consistent with the comprehensive plan. The proposed new residence <br />structure is consistent with the comprehensive plan guiding of this and surrounding <br />properties for residential use. <br />3. The applicant establishes that there are practical difficulties <br />a. The property owner proposes to use the property in a reasonable manner not <br />permitted by the official controls. The property owner is proposing to use the <br />property in a reasonable manner but the specific location and size aspects of <br />the request are not permitted by the Zoning Code. <br />b . There are circumstances unique to the property not created by the landowner. <br />The plight of the property owner with respect to the average setback variance <br />due to the existing location of the adjacent principal structure on the lot to the <br />immediate north, which is located further from the lake than the minimum 75 <br />foot setback; applicants' property does not extend landward far enough to <br />meet the average setback. This circumstance is inherent to the lot and was not <br />created by the landowner. The hardcover variance request is a function of the <br />substandard lot size and the applicants' desired house size and driveway <br />layout; and <br />c. The variance will not alter the essential character of the locality. The character <br />of the neighborhood is not likely to be significantly altered by replacement of <br />the existing residence in the manner proposed. <br />City Code 78-123 provides additional parameters within which a variance may be granted as <br />follows: <br />4. The special conditions applying to the structure or land in question are peculiar to such <br />property or immediately adjoining property. The average setback that applies to this <br />property is unique and unusually lengthy due to the location of the home on the <br />adjacent property to the north. The 25% hardcover limitation applies to all Tier 1 <br />residential properties located at the lakeshore and is not peculiar to this property. <br />5. The conditions do not apply generally to other land or structures in the district in which <br />the land is located. The standards applicable to this property apply to all other <br />property in the neighborhood; however, the existing location of the neighboring <br />residence building makes it difficult to replace the applicants' home in a location <br />appropriate for the property while meeting the conditions imposed by the City <br />ordinance. <br />6. The granting of the application is nece ss ary for the preservation and enjoym e nt of a <br />substantial property right of the applicant. In the opinion of staff, granting of the <br />average setback variance is necessary to preserve the property rights of the owner to <br />build a new residence on the property. While granting of the hardcover variance is not <br />essential to maintaining the property owners' rights to have a home on the property, <br />the variance would assist in providing for off-street parking since the shared driveway <br />serving as access to the property is not wide enough to provide for on-street parking.